每日一练F4（CHN） 答案回复可见
<p>3 In relation to the Labour Contract Law of China:<br/>(a) explain the term open-ended employment contract (i.e. a labour contract without a fixed-period of<br/>employment); and (2 marks)<br/>(b) state the various circumstances under which an open-ended employment contract must be concluded by the<br/>employer and employee. (8 marks)<br/>(10 marks)</p><p>3 This question requires candidates to explain the term open-ended employment contract, and state the various circumstances under<br/>which an open-ended employment contract must be concluded under the Labour Contract Law of China.<br/>(a) In accordance with Article 14 of the Labour Contract Law, an open-ended employment contract refers to such kind of<br/>employment contract in which the employer and the employee have agreed not to set up a definite expiration date.<br/>(b) Under the following circumstances, an open-ended employment contract must be concluded by the employer and employee:<br/>(i) The employee has been working for the employer for a consecutive period of not less than 10 years;<br/>(ii) When an employer introduces the employment contract system for the first time or a state-owned enterprise re-concludes<br/>its employment contract with its employees as a result of enterprise restructuring, the employee has been working for<br/>the employer for a consecutive period of not less 10 years and there are less than 10 years from his/her statutory<br/>retirement age;<br/>(iii) Prior to the renewal, two consecutive fixed-term employment contracts were concluded and the employee does not fall<br/>in any of the situations provided in Articles 39, 41(1) and 41(2).<br/>(iv) If an employer fails to conclude a written employment contract with an employee within one year from the date on which<br/>he started hiring the employee, the employer and employee shall be deemed to have concluded an open-ended<br/>employment contract.</p>页:
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